THE TRIAL OF ADMIRAL KEPPEL.

The trial of Admiral Byng, and, in a less flagrant degree, that of Lord

George Sackville, had revealed the existence of a mode of prosecution

fraught with danger in the hands of a weak or malignant administration.

The means thus invented, were to throw upon the commander of an

expedition which, from some cause over which he had no control, and

possibly from the fault of Government itself, did not succeed, all the

blame and penalty of the failure. Unlike the noble and friendly

reception which Rome, in the days of its great and glorious contest with

Carthage, gave to the defeated consul Terentius Varro, because he had

not despaired of the Commonwealth;—a British general or admiral, however

distinguished on other occasions, was to be met, on his return from any

mischance, with opprobrium, criminal prosecution, and probably death.

Fortunately for the constitutional character of England, and the dignity

and independence of its military and naval service, this plan, when

attempted for the third time, utterly and signally failed. Admiral

Keppel was, indeed, not the man for such an attack, nor was the time of

it suitable either. His own credit as a commander and a man of sterling

worth, and his popularity, stood on the very firmest basis; and he

belonged to the influential Whig party, which was then rising fast into

power over a ministry as rapidly sinking under the disasters of the

American War. Poor Byng had but his merit to protect him, and he

perished; a better chance let Lord George Sackville off with his bare

life; but Keppel had the public around him, and had not only the people

in his favour, but also a giant band of personal friends. With such

protectors as Rockingham, Burke, Fox and Sheridan, persecution might do

its worst: he was invulnerable. The only thing to wonder at now is, the

madness of a Government which could participate in such a prosecution

against him. His trial is really a somewhat dull affair, as much from

the certainty of his acquittal as from the prolixity of the details; yet

it must be ever read with the deepest interest by all who advocate the

free action and the fair latitude that should be allowed to every man

who has to command the army or the navy of the British empire.

Before entering into the trial itself, it may be as well to give a short

biographical sketch of the previous career of Admiral Keppel.

The Rt. Hon. Augustus Keppel, Viscount Keppel, of Elvedon, in the county

of Suffolk, P.C., an admiral of Great Britain, and for some time First

Lord of the Admiralty, one of the pre-eminent seamen of our naval

history, was, like the unfortunate Admiral Byng, of aristocratic birth

and descent: he was the second son of Sir William Anne[14] Keppel, K.G.,

second Earl of Albemarle, by his wife Anne, daughter of Sir Charles

Lennox, K.G., first Duke of Richmond; and was the grandson of the famous

friend and companion-in-arms of William III., Arnold-Joost Van Keppel,

Lord of Voorst, whose aid to William in his acquisition of the throne at

the Revolution was rewarded with the earldom of Albemarle, and other

minor titles in the peerage of Great Britain. Augustus Keppel, the

future admiral, was born on the 2nd of April, 1725, and entered the

royal navy when thirteen years of age. He was a midshipman on board

Commodore Anson’s ship, the _Centurion_, in his voyage round the world,

in 1740. Of the dangers, distresses, and advantages of that celebrated

expedition, he therefore had his share: in particular, at the taking of

Paila, by Lieutenant (afterwards Admiral Sir Peircy) Brett. In 1741 he

had a very narrow escape; for, having on a jockey cap, one side of the

peak was shaved off close to his temple by a ball, which, however, did

him no other injury. Having been appointed, while still in his teens, in

the course of that voyage, a lieutenant, he, soon after his return, in

February, 1745, took post rank as captain of the _Maidstone_, 40, and

was very successful in capturing several French privateers; but on July

7, 1747, as he was giving chase to one, running too near shore on the

coast of France, near Nantes, his ship was unfortunately lost: himself

and crew were saved. Keppel’s picture, admirably painted by his friend,

Sir Joshua Reynolds, represents him as just escaped from that shipwreck.

Being soon exchanged, and returning to England in 1747, he was one of

the court-martial on the trial of Captain Fox, of the _Kent_, who, for

misbehaviour in the action under Admiral Hawke, was dismissed the

service. After the peace in August, 1749, Captain Keppel sailed with a

squadron, as commodore, to Algiers, to demand satisfaction or

restitution for the treasure piratically taken out of the _Prince

Frederick_ packet boat; and the matter was brought to a satisfactory and

amicable conclusion. But another act of piracy, in the succeeding year,

led him again to Algiers: he had a second audience of the Dey, and

exhorted him to consider, that a great king, like His Britannic Majesty,

was not accustomed to demand satisfaction in vain; to which the Dey made

a defiant and spirited reply; but eventually concluded the business in

friendly terms. In 1752, Commodore Keppel ably effected treaties with

the States of Tripoli and Tunis, and returned with credit from the

Mediterranean.

In 1755, he sailed as commodore in the _Centurion_, for Virginia, having

on board General Braddock, and under his convoy a fleet of transports,

with 2,000 troops, to drive the French from their encroachments on the

Ohio. The event of that expedition, as is well known, was unfortunate,

and would have been more so, but for the co-operation of Keppel. During

his absence he was elected to Parliament for the city of Chichester, in

the room of his brother, who had succeeded to the earldom of Albemarle

at his father’s death. In January, 1757, Keppel was the junior member of

the memorable court-martial, at Portsmouth, which tried Admiral Byng;

and (for the law gave him no alternative) he was obliged to concur in

the sentence which adjudged the admiral to be shot to death. He,

however, strenuously endeavoured to save him; and in his place in the

Commons, applied to the House on behalf of himself, and several other

members of the court-martial, praying the aid of Parliament to be

released from the oath of secrecy imposed on courts-martial, in order to

disclose the grounds on which that sentence was passed. The obvious

intent of this leave to disclose, was to allow the members of the

court-martial to openly comment on and protest against the monstrosity

of a law which compelled them to an award of death for an error in

judgment; and thus might they avert its effects. The Commons listened to

the prayer; the sentence was for the moment respited, and a bill passed

the House to release the members of the court-martial from the

obligation of the oath of secrecy. But the upper House was less

merciful; after examining the several members of the court-martial, the

Lords unanimously rejected the bill. To the third question, among those,

which the Lords put to the members of the court-martial on that

occasion, viz., the question,—“Whether you are desirous the present bill

should pass?”—Keppel, with Rear Admiral Norris, and Captain (afterwards

Sir John) Moore, answered in the affirmative; and to the fourth

question,—“Whether you are of opinion that you have any particulars to

reveal relative to the case of, and the sentence passed upon, Admiral

Byng, which you judge necessary for His Majesty’s information, and which

you think likely to incline His Majesty to mercy,”—Keppel replied, “I

think that I cannot answer that question without particularising the

reasons for my vote and opinion.” The House, by not passing the bill,

would not allow him to do so, and the shameful sentence was, despite of

his humane endeavour, carried into execution. Commodore Keppel, in 1758,

sailed from Spithead with a squadron and land forces, on an expedition

against the French settlements at Goree, on the coast of Africa, which

he reduced by a vigorous attack. In Hawke’s memorable naval victory over

the French armament under Conflans, Captain Keppel, in the _Torhay_, had

a brilliant share; he sunk the enemy’s ship, _Thésée_, of equal force to

his own vessel, at the second broadside. Again, while in command of the

_Valiant_, he victoriously served under Sir Edward Hawke in Quiberon

Bay. In October following, just before King George II.’s death, he was

appointed to command the fleet on an intended expedition, in which

General Kingsley was to command the troops; and His Majesty saw a

battalion of the foot guards march by Kensington Palace for that purpose

two days only before his death. The royal demise occasioned a suspension

of the expedition. In 1761, Commodore Keppel commanded the British fleet

at the celebrated reduction of Belleisle; and in 1762, he contributed

greatly to the reduction of the _Havannah_, being second in command

under Sir George Pocock, who said, “that Keppel executed the service

under his direction with the greatest spirit, activity, and diligence.”

In 1763, he was a Lord of the Admiralty; in 1765, he was appointed rear,

and in 1770 vice, admiral of the blue. Keppel had thus risen to the very

highest repute, and deservedly so. He was a man of cultivated mind and

generous soul, and was a thorough British sailor,—brave, prudent,

energetic, and indefatigable. His frankness, affability and good humour,

won him the unbounded love of the seamen, who gave him the affectionate

and familiar title of “Jack’s protector.” It was in the very midst of

this credit and popularity that the Government of the day—the disastrous

administration of Lord North—sought to re-enact against Keppel the

tragedy of Admiral Byng. The occasion was this:—

The court of France having, in February, 1778, acknowledged the

independence of America, proceeded to make an open avowal of the hostile

sentiments they had long entertained against England, by detaining all

British ships to be found in the French ports. Orders were, in

consequence, given by the British ministry to fit out a fleet of twenty

sail of the line with the utmost expedition; the command of which was

offered to Admiral Keppel. As the ministry had, in a great measure, lost

the confidence of the country, the eyes of the whole nation were turned

on Keppel, in whose appointment every one seemed to feel his own

security included. On this occasion, therefore, he had a great deal to

risk. His well-earned fame was now to be staked on the doubtful issue of

a single battle. The part he had taken in politics, and the close

friendship in which he lived with the leading members of the opposition,

augmented these difficulties, and even rendered the command that was

offered him extremely hazardous; for the ministers were his political

enemies, and political hostility at this time was carried to a very

great height. Any failure, therefore, whether proceeding from

unavoidable accident, or those misfortunes which the wisest and bravest

cannot repel, might attach censure on him, and be attended with

disagreeable, if not with dangerous, consequences. A due consideration

of all these incidental difficulties made him hesitate in accepting an

appointment so pregnant with danger from the hands of ministers; but in

consequence of a royal message delivered to him through the first lord

of the admiralty, he attended in the closet to receive the commands of

his sovereign; and in that and the subsequent royal audiences, he

delivered himself with that plainness, candour, and sincerity, which so

strongly marked his character. He particularly took the liberty of

observing, that he served in obedience to His Majesty’s commands, that

he was unacquainted with his ministers _as ministers_, and that he took

the command as it was, without making any difficulty, and without asking

a single favour, trusting only to His Majesty’s good intentions, and to

his generous support and protection. Keppel sailed from St. Helen’s on

the 13th of June, 1778, with a naval force and with unlimited

discretionary powers. But this force was of no more than twenty sail of

the line, many of which were in a bad state of equipment, and was

extremely inadequate for the important service which was entrusted to

him. On the one hand, it was well known that France had a large fleet at

Brest ready for sea; and, on the other, the great commercial fleets of

England were on their passage home from the East and West Indies.

Besides, the defence of these fleets, he had to protect the extensive

coast of Great Britain, together with those invaluable reservoirs of her

naval power, in which were equally included her present strength and her

future hope.

After much mature consideration, Keppel finally resolved to yield

everything to what he conceived to be a faithful discharge of the great

trust reposed in him. He wisely thought that the only fleet which was

then prepared to protect the commerce and the coast of his country,

ought not to be hazarded against vast odds, either upon personal or

professional punctilio. His conquest over the feelings of pride, was so

extremely difficult, that he afterwards declared, “he never in his life

felt so deep a melancholy, as on finding himself even for the moment

obliged to turn his back on France; and that his courage was never put

to such a trial as in that retreat; but that it was his firm persuasion

his country was saved by it.” The fleet returned to Portsmouth on the

27th of June, and being joined by such ships as were ready, the admiral

sailed again on the 9th of July, with twenty-four sail of the line, and

two days afterwards was joined by six more. In all, therefore, he had

now thirty sail of the line, four frigates, and two fire-ships. The day

before Keppel’s departure from Portsmouth, the great French fleet,

amounting to thirty-two sail of the line, and a vast number of frigates,

sailed from Brest, under the command of the Count d’Orvilliers.

The actual encounter with the French cannot be better described than in

the narrative of it given by Mr. C. D. Yonge, in his “History of the

British Navy:” he writes thus:—

“On the 9th of July, 1778, Keppel again put to sea with a splendid

fleet of thirty sail of the line and four frigates. With him were the

Vice-Admirals Sir Hugh Palliser, Bart. (a Lord of the Admiralty at the

time), and Sir Robert Harland, Bart.; and, among his captains were,

John Jervis, of the _Foudroyant_, 80 (afterwards Earl St. Vincent),

and in the _Robust_, 74, Captain Alexander Hood, afterwards Viscount

Bridport. The French fleet had quitted Brest the day before; the

commander-in-chief was the Comte d’Orvilliers; and among the

subordinate admirals was a prince of the royal blood, the Duc de

Chartres, subsequently known as that Duc d’Orleans who voted for the

murder of his relation and king, the hapless Louis XVI. The Duc de

Chartres was one of the vilest of cowards;[15] and being also given,

as such people sometimes are, to boasting of the exploits he intended

to perform, he had lately announced to Admiral Sir George Rodney, at

Paris, his appointment to a command in the fleet which was to combat

Keppel. Rodney predicted that the result of the meeting would be that

His Royal Highness would be conducted to England to learn English; but

he and his commander did their best to defeat the prophecy by avoiding

the battle for which he had professed so much eagerness.

Before he regained his old station off Brest, Keppel learnt that the

French were at sea; and accordingly he kept off the land to search for

them. The weather was so hazy that the two fleets nearly passed one

another unconsciously; but on the afternoon of the 23rd the fog suddenly

cleared off, and, to the surprise of both, they found themselves within

a few miles of each other, some leagues to the west of Ushant.

D’Orvilliers had probably been ignorant of Keppel’s return to England

for reinforcements. At all events, he believed him to be far weaker than

he really was, and at first showed every inclination to fight; but when,

on approaching nearer, he ascertained the real strength of the British

fleet, he showed that he had no idea of engaging on equal terms. He

resolved to decline the battle; and his possession of the weather-gauge

enabled him to do so. His conduct was a practical acknowledgment of the

inferiority of French to British sailors; for more equal fleets could

not be found. The French line-of-battle ships exceeded the English in

number by two; but the English ships were rather the larger; and the

English had two thousand two hundred and seventy-eight guns, to two

thousand two hundred and seventy-six, that composed the armament of the

French. In frigates, D’Orvilliers had a decided advantage; but however

useful they might be before or after the battle, in the actual conflict

they were not likely to have much weight. A fairer opportunity of

testing the naval merits of the two nations could not be imagined.

D’Orvilliers, however, kept away, and the next day was seen moving off

in full retreat. Keppel, signalling to his fleet to form in fine of

battle, and to chase, pursued with every sail his ships could carry;

and, as two of the Frenchmen had fallen to leeward, he endeavoured to

cut them off, in the hope of thus forcing his antagonist to a battle in

order to save them. D’Orvilliers thought more of saving himself, and

left the stragglers to their fate: their speed enabled them to escape,

but they were unable to rejoin their comrades. The 24th, the 25th, the

26th, passed without any variation of the circumstances or relative

positions of the two fleets. The French continued their retreat; we

continued our pursuit. In the afternoon of the 26th, Keppel, thinking he

was losing time by keeping his fleet in line of battle, hauled down that

signal which had been constantly flying from the time he first saw the

enemy, but still he kept up the signal to continue the chase.

“The French ships, however, as has been mentioned before, were generally

superior to ours in sailing qualities, so that the chase would in all

probability have been entirely fruitless, had not the wind suddenly

shifted on the morning of the 27th from south-west to west-south-west;

and, though this does not appear a very great change, it was sufficient

to prevent the French admiral from any longer having the entire option

of engaging in or avoiding a battle. It put in Keppel’s power to force

on at least a partial action, and he instantly availed himself of the

chance thus unexpectedly afforded him; but he found himself in some

difficulty. The eagerness with which he had hitherto pressed on the

chase had somewhat scattered his fleet. Harland was four miles off, on

the _Victory’s_ weather quarter; Palliser, in the _Formidable_, was

three miles or more to leeward, and as the way in which he handled his

ship seemed to show a disposition to increase that distance, Keppel,

desiring to unite his squadron to his own, signalled to Palliser to

chase to windward. Finding an action inevitable, D’Orvilliers, to

preserve his line of battle unbroken, caused his fleet to wear; but that

and some other evolutions threw them into great disorder, and brought

them nearer to the enemy whom their chief object was to avoid. These

manœuvres had occupied nearly four hours. At last, a little before noon,

Keppel made the signal to attack, and Sir Robert Harland, who commanded

the van division, led the fleet gallantly into battle, passing along the

French line, receiving their fire without returning it till he came up

to their leading ships. Keppel followed with the centre, in like manner

reserving his fire till he got alongside the French admiral himself,

whom he had marked for his own especial antagonist, and was soon joined

by Palliser and his squadron. For nearly two hours both fleets were

hotly engaged. The loss of life was lightest in ours; but, from the

French practice of aiming chiefly at the rigging, many of our ships were

far more crippled than any of theirs. Keppel’s own flag-ship, the

_Victory_, had received great damage; and five more of our ships were so

much disabled that the admiral was not altogether without apprehension

of losing some of them. Palliser’s ship, the _Formidable_, had suffered

as severely as any, and Sir Hugh had been the first to quit the line.

When the battle had lasted nearly two hours, with a view of enabling him

to renew the action, and also of protecting the crippled ships, Keppel

made the signal to wear. Harland and his division obeyed; but Palliser

took no notice of the signal, making no attempt to renew the action

himself, and, as was afterwards alleged, by his example preventing the

rest from going to the admiral’s support. Later in the afternoon, Keppel

sent a frigate to him with an express order to bear down; but the sun

went down, and it was not till daylight the next morning that the

_Formidable_ again took up the station assigned for her. But long before

daylight all hope of renewing the battle was past. The lights of the

enemy had been visible to our men all night; but, when day broke, it was

discovered that they proceeded from only three ships. D’Orvilliers had

stolen away with his main body, and, to prevent any suspicion of his

flight from occurring to the British admiral, he had left three of his

fastest sailers to keep up the same lights that were shown by the

flag-ship, with instructions to set all sail and rejoin him as soon as

daylight should reveal to the English the delusion that had been

practised. Once more Keppel chased for an hour or two, and then, finding

his efforts to overtake the enemy perfectly fruitless, he returned to

Plymouth to repair the damage he had received.

“No ship was taken on either side, the number of our killed and wounded

did not amount to above three-fourths of the loss sustained by the

French; but the question of who were the victors was most clearly

determined by a proof far more incontestable than any such minute

calculation. The flight of the French, for their course on the 28th can

be called by no other name, acknowledged their defeat in the most

forcible manner. But, after having made such efforts to fit out a

sufficient fleet, the British nation was not contented with a victory

which required arithmetic and logic to prove it to have been one.

Murmurs soon began to be heard, which presently assumed the definite

shape of complaints that Palliser, by his disobedience to his

commander’s signals, had prevented the renewal of the action, and by so

doing had enabled the French to escape. In his official despatch Keppel

was so far from having complained of Palliser’s behaviour, that he

expressly named him as, “by his spirited conduct, having deserved much

commendation.””

Before proceeding further, however, it should be here stated in fairness

to the Count D’Orvilliers, (whom Keppel himself, in his defence, does

not blame,) that Mr. Yonge seems to have taken rather a severe and

incorrect view of the Count’s conduct in evading an engagement:

D’Orvilliers, on the contrary, had great reasons for avoiding a battle,

and his retreat was really a success. Another writer, the author of an

excellent “British Naval Biography,” to whom I am much indebted in this

article, puts the point very clearly, thus:

“It must not be attributed to any want of spirit in D’Orvilliers that he

thus obstinately declined a battle. The motives of both commanders

exactly corresponded with the different lines of conduct they pursued.

Our East and West India convoys, of immense value, were on their return

home, and hourly expected. The position maintained by the French fleet

was extremely favourable for intercepting those convoys in the course

they were expected to hold; and from the situation of the hostile

fleets, and the state of the wind, they might have been captured in the

English admiral’s sight, without a possibility of his preventing it. On

the other hand, Keppel’s fleet effectually cut off that of his adversary

from the port of Brest. It was, therefore, no less the object of Keppel

to bring the enemy to an immediate action, than it was that of

D’Orvilliers to avoid it.”

It was so, in fact, understood by the British public, who felt, at once,

that the French had gained a great advantage, and that this action of

July, 1778, had not been of that bold and decisive character which the

country was used to expect from the navy.[16] The event gave rise to

much animadversion, and at last was discussed by the newspapers and

periodicals of the day with furious animosity. Party feeling embittered

the question; for though Admiral Keppel was employed on account of his

ability and experience, he was hostile to the then administration, so

that any attempt to disparage him was attributed to the malevolence of

the government.

In the House of Commons, of which both Admirals Keppel and Palliser were

members, a motion was made for an inquiry, whereupon Admiral Keppel

rose, and gave an account of his conduct from the time he assumed the

command of the fleet. He declared, “That if he was again to go over the

business of the 27th of July, he would conduct himself in the same

manner. He said, everything he could do against the enemy had been done;

but observed, at the same time, that the oldest and most experienced

officers would discover something in every engagement, with which they

were previously unacquainted; and he acknowledged that that day had

presented something new to him.” Sir Hugh Palliser defended himself with

much warmth, and accused Keppel of inconsistency in having officially

commended his conduct, and in now wishing to insinuate that he had

neglected to perform his duty. To this the admiral replied, “That the

official praise which he had bestowed on all the officers under his

command, to obviate discord, did not oblige him to authenticate

statements which would impeach himself; but now, when called upon to

speak out, he would inform the House, and the public, that the signal

for coming into the _Victory’s_ wake, was flying from three o’clock in

the afternoon till eight in the evening unobeyed; at the same time he

did not charge the vice-admiral with actual disobedience, because he was

fully persuaded of his personal bravery, and believed that if any

inquiry was considered necessary that he would be able to justify

himself.” This altercation led to a great deal of mutual recrimination

between the two admirals, until at length Sir Hugh Palliser, on the 9th

of December, delivered in an accusation to the Board of Admiralty, of

which he was himself one of the lord commissioners. This accusation

consisted of five separate charges against Keppel, for misconduct and

neglect of duty in the action of the 27th of July; and the Board

immediately ordered the admiral to be tried by a court-martial.

On the 7th of January, 1779, the signal was made for all the admirals

and captains of His Majesty’s fleet to come on board the _Britannia_ in

Portsmouth harbour.

Then the Judge-Advocate General, Sir Charles Gould, LL.D., read the

order sent by the Lords of the Admiralty to Sir Thomas Pye, admiral of

the white, to hold the court-martial, dated the 31st of December, 1778,

signed Sandwich, T. Buller, Lisburne: and for adjourning to the Governor

of Portsmouth’s house.

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